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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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15-20A-6
Section 15-20A-6 Allegation of sexual motivation. (a)(1) The indictment, count in the indictment,
information, complaint or warrant charging the offense may include a specification of sexual
motivation or the prosecuting attorney may file an allegation of sexual motivation in any
criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence
exists that would justify a finding of sexual motivation by a reasonable and objective finder
of fact. (2) If a specification is included in the indictment, count in the indictment, information,
complaint, or warrant charging the offense the specification shall be stated at the end of
the body of the indictment, count in the indictment, information, complaint, or warrant and
shall be in substantially the following form: "SPECIFICATION or SPECIFICATION TO THE
FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify that the
offender committed the offense with a sexual motivation." (3) If the...
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41-9-645
Section 41-9-645 Purging, modification, or supplementation of criminal records - Applications
by individuals; appeals; costs. (a) If an individual believes information is inaccurate or
incomplete, he or she may request the original agency having custody or control of the detail
records to purge, modify, or supplement them and to notify SBI of the changes. (b) If the
agency declines to act or if the individual believes the agency's decision is unsatisfactory,
the individual or his or her attorney, within 30 days of the decision and with notice to the
agency, may enter an appeal to the circuit court of the county of his or her residence or
to the circuit court in the county where the agency exists. The court in each case shall conduct
a de novo hearing and may order relief as it finds to be required by law. Appeals shall be
entered in the same manner as appeals are entered from the court of probate; except, that
the appellant shall not be required to post bond nor pay the costs in...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-23-60.htm - 4K - Match Info - Similar pages
15-5-55
Section 15-5-55 Wireless communications service provider to provide location information in
certain emergency situations. (a) This section shall be known and cited as the Kelsey Smith
Act. (b) Upon request of a law enforcement officer as defined in Rule 1.4 of the Alabama Rules
of Criminal Procedure, who is on duty and acting in the course of his or her official duties
at the time of the request, a wireless communications service provider shall provide call
location information concerning the telecommunications device of a user to the requesting
law enforcement officer as soon as practicable after receipt of the request and after a showing
that an emergency situation exists at the time of the request by the law enforcement officer.
(c) A law enforcement officer shall not request information pursuant to this section unless
the request is made for the specific purpose of responding to a call for emergency services
or in an emergency situation that involves the risk or threat of death or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-5-55.htm - 3K - Match Info - Similar pages
15-9-81
Section 15-9-81 Adoption and text of agreement on detainers. The agreement on detainers is
hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions
legally joining therein, in the form substantially as follows: AGREEMENT ON DETAINERS The
contracting states solemnly agree that: Article I. The party states find that charges outstanding
against a prisoner, detainers based on untried indictments, informations or complaints and
difficulties in securing speedy trial of persons already incarcerated in other jurisdictions,
produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly,
it is the policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and
all detainers based on untried indictments, informations or complaints. The party states also
find that proceedings with reference to such charges...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-9-81.htm - 18K - Match Info - Similar pages
24-8-12
Section 24-8-12 Filing of complaint; investigation and notice; resolution by informal methods;
filing of answer; local fair housing law; conciliation agreement; completion of investigation;
final administrative disposition; burden of proof; termination of efforts to obtain voluntary
compliance. (a) A person who claims to have been injured by a discriminatory housing practice,
or who believes that he or she may be injured by a discriminatory housing practice that is
about to occur, may file a complaint with the office. Complaints shall be in writing and shall
contain information and be in a form required by the office. Upon receipt of a complaint,
the office shall serve notice upon the aggrieved person of the time limits and choices of
forums provided under this chapter and shall furnish a copy of the complaint to the person
who allegedly committed the discriminatory housing practice or is about to commit the alleged
discriminatory housing practice and serve notice of the procedural...
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40-29-26
Section 40-29-26 Sale of seized property. (a) Notice of seizure. As soon as practicable after
seizure of property, notice in writing shall be given by the Commissioner of Revenue or his
delegate to the owner of the property (or, in the case of personal property, the possessor
thereof), or shall be left at his usual place of abode or business. If the owner cannot be
readily located, or has no dwelling or place of business within the state, the notice may
be mailed to his last known address. Such notice shall specify the sum demanded and shall
contain, in the case of real property, a description with reasonable certainty of the property
seized. (b) Notice of sale. The commissioner or his delegate shall as soon as practicable
after the seizure of the property give notice to the owner, in the manner prescribed in subsection
(a), and shall cause a notification to be published in some newspaper published or generally
circulated within the county wherein such seizure is made, or if there be...
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11-53A-23
Section 11-53A-23 Notice to require owner to abate nuisance or to request hearing. (a) The
notice shall require the owner to abate the nuisance within the time stated in the notice
or to request a hearing before the administrative officer designated by the mayor or council
to determine whether there has been a violation. The notice shall apprise the owner of the
facts of the alleged nuisance and shall name the particular date, time, and place for the
hearing, if requested. The notice shall contain the names of all owners and lienholders of
the property, a legal description of the property, and the nature of the proceeding. (b) The
notice shall be sent to the person shown by the records of the county tax collector to have
been the last person assessed for payment of ad valorem tax on the property where the nuisance
is situated. It shall be the responsibility of the person to promptly advise the appropriate
city official of any change of ownership or interest in the property. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-53A-23.htm - 3K - Match Info - Similar pages
30-3D-307
Section 30-3D-307 Duties of support enforcement agency. (a) A support enforcement agency of
this state, upon request, shall provide services to a petitioner in a proceeding under this
chapter. (b) A support enforcement agency of this state that is providing services to the
petitioner shall: (1) take all steps necessary to enable an appropriate tribunal of this state,
another state, or a foreign country to obtain jurisdiction over the respondent; (2) request
an appropriate tribunal to set a date, time, and place for a hearing; (3) make a reasonable
effort to obtain all relevant information, including information as to income and property
of the parties; (4) within seven days, exclusive of Saturdays, Sundays, and legal holidays,
after receipt of notice in a record from an initiating, responding, or registering tribunal,
send a copy of the notice to the petitioner; (5) within seven days, exclusive of Saturdays,
Sundays, and legal holidays, after receipt of communication in a record from...
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